Formal Agenda

ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 19, 2013 AT 3 P.M.ALL MEMBERS PRESENT EXCEPT CAMP & COOKPUBLIC HEARING - CONSENT AGENDAAnyone wishing to address an item on the Consent Agenda may do so at this timeREPORTS OF CITY OFFICERS
1) Report of Board of Equalization to the City Council on
Group I. (PLACED ON FILE)
2) Clerk's Letter and Mayor's Approval of Resolutions and
Ordinances passed by the City Council on August 5,
2013. (PLACED ON FILE)
3) Report from the City Treasurer of Franchise Tax for the
months of February, 2013 - June, 2013 from Black
Hills/Nebraska Gas Utility Co., LLC. (PLACED ON FILE)
4) Report from the City Treasurer of Franchise Tax from
Time Warner Cable for the Quarter ending March 31,
2013. (PLACED ON FILE)
5) Report from City Treasurer of Theatre Occupation Tax
(indoor) for the period of June, 2013 - May, 2014 from
Edgewood Theatre, East Park Theatre, Lincoln Grand
Theatre, South Pointe Theatre, and Joyo Theatre.
(PLACED ON FILE)
6) Report from City Treasurer of 911 Surcharge for the
time period of January, 2013 through June, 2013.
(PLACED ON FILE)PETITIONS & COMMUNICATIONS
7) REFERRALS TO THE PLANNING DEPARTMENT:Change of Zone No. 13015 - Requested by Olsson
Associates, from AGR Agricultural District to R-1
Residential District, on property generally located at
Frontier Road and Highway 2 (6061 and 6101 Frontier
Road).
Special Permit No. 1219L - Requested by Bryan
Medical Center, an amendment to allow the expansion and
renovation of the existing Emergency Department at
Bryan Medical Center East by reducing the front yard
setback along South 48th Street and the front yard
setback along Sumner Street, on property generally
located at South 48th Street and Sumner Street.
8) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:Administrative Amendment No. 13055 to Special
Permit No. 1991, Pinecrest Community Unit Plan,
approved by the Planning Director on August 9, 2013,
requested by Patrick Mooberry, to allow covered decks
to encroach within 10 feet of the rear lot line for
Lots 20 and 21, Block 1, on property generally located
at N. 10th St. and Morton St.
9) MISCELLANEOUS REFERRALS- END CONSENT AGENDA -PUBLIC HEARING - LIQUOR RESOLUTIONS
10) Application of Stop N Shop Inc. dba Stop N Shop #5 for
a Class D liquor license at 2200 N. 48th Street.
(P.H. CONT'D W/ ACTION TO 8/26/13, 5-0)
11) Manager application of Jason K. Laessig for Stop N Shop
Inc. dba Stop N Shop #5 at 2200 N. 48th Street.
(P.H. CONT'D W/ ACTION TO 8/26/13, 5-0)
12) Application of Canopy Concepts LLC dba Jack and June's
for a Class C liquor license at 300 Canopy Street,
Suite 150. (ADOPTED FOR APPROVAL, 5-0; A-87501)
13) Manager application of Kevin W. Shinn for Canopy
Concepts LLC dba Jack and June's at 300 Canopy Street,
Suite 150. (ADOPTED FOR APPROVAL, 5-0; A-87502)
14) Application of Canopy Concepts LLC dba Jack and June's
for a Class E Entertainment District liquor license at
300 Canopy Street, Suite 150. (ADOPTED FOR APPROVAL, 5-0;
A-87503)
15) Application of Hector El Dragon Martinez Corp. dba El
Mariachi Taco Cantina for a Class I liquor license at
601 R Street, Suite 150. (ADOPTED FOR APPROVAL,
5-0; A-87504)
16) Manager application of Ever K. Preciado for Hector El
Dragon Martinez Corp. dba El Mariachi Taco Cantina at
601 R Street, Suite 150. (ADOPTED FOR APPROVAL, 5-0;
A-87505)
17) Application of Hector El Dragon Martinez Corp. dba El
Mariachi Taco Cantina for a Class E Entertainment
District liquor license at 601 R Street, Suite 150.
(ADOPTED FOR APPROVAL, 5-0; A-87506)
18) Application of Hook's Lincoln Inc. dba Tanner's Bar &
Grill for a Class I liquor license at 8600 S. 30th
Street. (ADOPTED FOR APPROVAL, 5-0; A-87507)
19) Manager application of Brett C. Clure for Hook's
Lincoln Inc. dba Tanner's Bar & Grill at 8600 S. 30th
Street. (ADOPTED FOR APPROVAL, 5-0; A-87508)
20) Application of Yard Investments, LLC dba Gate 25 for a
Class C liquor license at 350 Canopy Street, Suite 135.
(2nd Location)(ADOPTED FOR APPROVAL, 5-0; A-87509)
21) Manager application of Brandon J. Akert for Yard
Investments, LLC dba Gate 25 at 350 Canopy Street,
Suite 135. (2nd Location)(ADOPTED FOR APPROVAL,
5-0; A-87510)
22) Application of Yard Investments, LLC dba Gate 25 for a
Class E Entertainment District liquor license at 350
Canopy Street, Suite 135. (2nd Location)(ADOPTED FOR
APPROVAL, 5-0; A-87511)
23) Application of The Club at the Yard, LLC dba Rule G for
a Class I liquor license at 350 Canopy Street, Suite
300. (ADOPTED FOR APPROVAL, 5-0; A-87512)
24) Manager application of Eric F. Marsh for The Club at
the Yard, LLC dba Rule G at 350 Canopy Street, Suite
300. (ADOPTED FOR APPROVAL, 5-0; A-87513)
25) Application of The Club at the Yard, LLC dba Rule G for
a Class E Entertainment District liquor license at 350
Canopy Street, Suite 300. (ADOPTED FOR APPROVAL, 5-0;
A-87514)
26) Application of The Bar at the Yard, LLC dba Longwell's
for a Class I liquor license at 350 Canopy Street,
Suite 100. (ADOPTED FOR APPROVAL, 5-0; A-87515)
27) Manager application of Eric F. Marsh for The Bar at the
Yard, LLC dba Longwell's at 350 Canopy Street, Suite
100. (ADOPTED FOR APPROVAL, 5-0; A-87516)
28) Application of The Bar at the Yard, LLC dba Longwell's
for a Class E Entertainment District liquor license at
350 Canopy Street, Suite 100. (ADOPTED FOR APPROVAL, 5-0;
A-87517)PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(as required) - NONEPUBLIC HEARING - RESOLUTIONS
29) 13R-174 Approving the labor contract between the City and the
Amalgamated Transit Union Local No. 1293 for a term
effective August 15, 2013 through August 31, 2016.
(ADOPTED, 5-0; A-87518)Fact Sheet (29K)
Attachment (277K)
Attachment (271K)
30) 13R-175 Approving the 2013-2014 Maintenance and Management BID
Budgets and Program of Work for the Downtown Lincoln
Association Program for Fiscal Year 2012-2013.
(ADOPTED, 5-0; A-87519)Fact Sheet (32K)
Attachment (1133K)
31) 13R-176 Approving an Amendment to Agreement for Cleaning
Services for StarTran Facilities, between X-Tra Kleen
Inc. and the City of Lincoln, pursuant to Bid No. 11-
141, to extend the term for an additional two-year term
from August 15, 2013 through August 14, 2015. (ADOPTED,
5-0; A-87520)Fact Sheet (113K)
Attachment (630K)
32) 13R-177 Approving the extension of the Management Agreement
between the City and SMG for management, marketing,
entertainment, administration, and procurement services
for Pershing Municipal Auditorium for a term of
September 1, 2013 through October 31, 2014. (ADOPTED,
5-0; A-87521)Fact Sheet (103K)
Attachment (105K)
33) 13R-178 Approving Watering Hole East as a Keno satellite site
at 8300 Northwoods Drive. (MTA #1 ADOPTED, 5-0; ADOPTED
AS AMENDED, 5-0; A-87522)Fact Sheet (92K)
34) 13R-179 Authorizing the Mayor to execute an Agreement between
the City of Lincoln and the State of Nebraska
Department of Roads (NDOR) to accept NDOR fiscal year
2014 maintenance program funding of $2,277,000 for the
maintenance resurfacing of selected State highway links
in the City of Lincoln. (ADOPTED, 5-0; A-87523)Fact Sheet (11K)
Attachment (143K)
35) 13R-180 Authorizing the Mayor to execute an Agreement between
the City of Lincoln and the State of Nebraska
Department of Roads (NDOR) to accept NDOR fiscal year
2014 construction program funding of $480,000 for the
resurfacing of selected State highway links in the City
of Lincoln. (ADOPTED, 5-0; A-87524)Fact Sheet (11K)
Attachment (103K)
- END PUBLIC HEARING -ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) - NONE1st Reading Ordinances & Resolutions - On the Agenda for Advance Notice OnlyPublic Hearing will occur on Second ReadingORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 36 THRU 38 HAD 1ST READING)
36) 13-95 Amending Section 27.06.180 of the Lincoln
Municipal Code relating to the Manufacture,
Processing, Storage and Distribution Use Group by
amending the Manufacturing, Processing, Storage
and Distribution Use Group Table to show outdoor
vehicle storage as a permitted use in the B-4, I-1
and I-3 zoning districts and to show open storage
as a permitted use in the I-3 zoning district.
Fact Sheet (35K)
37) 13-97 Vacation No. 13001 - Vacating the south 10 feet of
J Street between S. 5th and S. 6th Streets, the
west 10 feet of S. 6th Street between J and H
Streets and the north 17 feet of G Street between
S. 4th and S. 6th Streets.
Fact Sheet (2186K)
Attachment (213K)
38) 13-98 Amending Section 9.20.050 of the Lincoln Municipal
Code relating to disturbing the peace to clarify
that the penalty for such offense includes the
option of both a fine and imprisonment in the
county jail.
Fact Sheet (46K)
RESOLUTIONS - 1ST READING (ITEMS 39 THRU 46 HAD 1ST READING)
39) 13R-181 Amending Resolution No. A-86822 to change the portion
of the Local Government Miscellaneous Expenditures
Policy regarding Meal Reimbursement to tie the City's
meal reimbursement rate to the approved federal rate.
(Related Items: 13R-181, 13R-182, 13R-183, 13-
96)Fact Sheet (109K)
40) 13R-182 Amending the 2012-2014 City of Lincoln Biennial
Operating Budget for the 2013-2014 fiscal year.
(Related Items: 13R-181, 13R-182, 13R-183, 13-
96)Fact Sheet (107K)
Attachment (32K)
41) 13R-183 Approving a schedule of fees the City may charge for
ambulance service. (Related Items: 13R-181, 13R-
182, 13R-183, 13-96)Fact Sheet (136K)
Attachment (133K)
42) 13R-184 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
for the period of August 1 - 15, 2013.
Fact Sheet (7K)
Attachment (20K)
43) 13R-185 Pre-existing Use Permit No. 9U - Application of BCLINC,
LLC to adjust the parking requirements for the Edgewood
Shopping Center generally located at South 56th Street
and Highway 2.
Fact Sheet (3239K)
44) 13R-186 Authorizing and supporting the Parks & Recreation
Department's submittal of a grant application to the
Nebraska Game and Parks Commission for a Recreational
Trails Program Grant for repair of the Billy Wolff
Trail between Randolph and 27th Street.
Fact Sheet (108K)
45) 13R-187 Approving Supplemental Agreement No. 1 between the City
of Lincoln and the Nebraska Dept. of Roads for the
Cavett Connector Trail Project, NDOR Project No.
ENH-55(172) Control No. 13079, to remove the federal
funding cap to allow additional funds above the
original federal funding cap to be reimbursed at the
80% Federal Share amount.
Fact Sheet (89K)
Attachment (52K)
46) 13R-188 Approving an Agreement between the City and the
Nebraska Dept. of Roads for maintenance resurfacing
work on selected portions of Highway US-34 within the
corporate limits of Lincoln. (State Project No. STP-BH-
HSIP-34-6(141), CN 12975).
Attachment (416K)
PENDING LIST - DATE CERTAIN
47) 13R-169 Hearing on One and Six Year Streets and Highways
Program as required by State statute. (Action Date:
8/26)Fact Sheet (11K)
Attachment (72K)
48) 13-96 Approving the close out of completed construction
projects and transfer of unspent appropriations
and cash (if any) from various projects to
projects where additional funding is needed within
the Public Works & Utilities Department, the Parks
& Recreation Department, the Library Department,
and the Urban Development Department. (8/12/13
- To have 2nd Reading w/Public Hearing &
3rd Reading with Action on 8/26/13 to
coincide with Budget Resolution)(Related Items: 13R-181, 13R-182, 13R-183, 13-
96)Fact Sheet (11K)
PENDING LIST
49) 07-73 Amending Title 20 of the Lincoln Municipal Code,
the Building Code, by adding a new Chapter 20.02,
entitled Neglected Building Registration, to
require registration of neglected, deteriorated
and/or abandoned buildings,to require the filing
of plans for restoration or demolition of
abandoned buildings, and to establish penalties
for violations thereof. (5/7/07 - Placed on
Pending, No Date Certain)Fact Sheet
50) 09R-76 Establishing a Roads to Jobs Fund to make funds
available for road projects, declaring a surplus of
$8,000,000.00 in the Special Assessment Revolving Fund,
and authorizing the transfer of said funds to the Roads
to Jobs Fund. (5/11/09 - Placed on Indefinite
Pending)
51) 11-39 Amending Chapter 10.32 of the Lincoln Municipal
Code relating to Stopping, Standing and Parking of
Vehicles by adding a new section numbered
10.32.075 to prohibit the parking of trucks on a
street more than 400 feet from the primary place
of business and providing certain exceptions.
(4/11/11 - 3rd Reading w/con't. P.H.
on 4/18/11) (4/18/11 - Placed on Indefinite
Pending)
52) 12-76 Amending Section 10.34.030 of the Lincoln
Municipal Code relating to Parking Meters: Deposit
of Coins and Time Limits, to provide that no
parking fee shall be charged on Martin Luther King
Day, Presidents Day and Veterans Day. (6/25/12
- Placed on Pending - No Date Certain)Fact Sheet (17K)
During the Open Microphone Session of the agenda, individuals are allowed a total of
5 minutes to speak regardless of number of topics. The Open Microphone Session is
available on the 2nd & last Monday of each month.
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA, MAY DO SO
AT THE OPEN MICROPHONE SESSION. OPEN MICROPHONE SESSION FORTHE MONTH OF AUGUST WILL BE HELD ON AUGUST 12TH AND AUGUST 26THADJOURNMENT 3:29 P.M.
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The City Council Meeting, which is broadcast live at 3:00 p.m. every
Monday and
at 5:30 p.m. on the last Monday of each month, will be rebroadcast on
Saturdays at 1:00 p.m.,
immediately following the Pre-Council Meeting on 5 City-TV, Cable
Channel 5.
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The City Council Agenda and Action Sheet may be accessed on the
Internet at: lincoln.ne.gov